Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 4) [2018] NSWSC 1379

Supreme Court New South Wales

Medium Neutral Citation: Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 4) [2018] NSWSC 1379 Hearing dates: 27, 28, 29, 30, 31 August 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Common Law Before: Campbell J Decision: Refuse the application for leave to further amend the Further Amended Statement of Cross-Claim Catchwords: CIVIL PROCEDURE – application to amend cross-claim – whether the cross-claimant ought to be granted leave to make additional averments to the further amended statement of cross-claim – absence of proposed amendment – opposed – allegations of actual dishonesty – quotes – general discretionary considerations – application advanced at late stage in trial – no satisfactory explanation – potential for wasted costs – non-financial – sale and trade – third parties – efficiency provisions – prospects of success Legislation Cited: Civil Liability Act 2005 (NSW), s 56 Competition and Consumer Act 2010 (Cth), s 18 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27; Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146; [1997] HCA 1; Wickstead v Browne (1992) 30 NSWLR 1 Texts Cited: Nil Category: Procedural and other rulings Parties: Reliance Medical Practice Pty Ltd trading as ATF Reliance Medical Practice Trust (First Cross-Claimant) Rodney John Beckwith (Second Cross-Claimant) Voice Print & Data Australia Pty Ltd (First and Third Cross-Defendants) Christian Altenburg (Second Cross-Defendant) BHD Leasing Pty Ltd (Sixth Cross-Defendant) Representation: Counsel: G A Moore (Cross-Claimants) A J H Morris QC with I Erskine (First and Third Cross-Defendants) A F Fernon (Second Cross-Defendant) L W Chan (Sixth Cross-Defendant)